- (1.) Writ petitioner-appellant, aggrieved by order dated 23.11.2009, passed by a learned single Judge in Civil Misc. Writ Petition No. 1284 of 1992, has preferred this special appeal under Rule 5, Chapter VIII of the Allahabad High Court Rules.
(2.) Writ petitioner-appellant (hereinafter referred to as 'the writ petitioner') filed the writ application, inter alia, praying for issuance of a writ in the nature of mandamus commanding respondents to continue him in service and for payment of salary treating him to have been validly selected and appointed as teacher in the primary section of Sri Agrasen Mahavidyalaya Inter College, Chaukhambha, Varanasi.
(3.) The learned single Judge declined to grant relief to the writ petitioner on his finding that the appointment of the writ petitioner is void ab initto and in this connection, referred to the provisions of the U.P. Secondary Education Service Selection Board Act, 1982 and the procedure laid down in the U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981. He also referred to the U.P. Basic Education Act, 1972 as also the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978.;